Devendranath Hurnam v Kailashing Bholah and Soobashsing Bholah (Mauritius)

Devendranath Hurnam v Kailashing Bholah and Soobashsing Bholah (Mauritius)

The initiation and prosecution of the present civil action by Mr Hurnam constitutes an abuse of process because its purpose is to mount a collateral attack on his criminal conviction, which was affirmed by the Supreme Court and the Privy Council. The action is illegitimate as it seeks to undermine the findings of the criminal court by relitigating the same factual issues in civil proceedings. Additionally, the claim against Soobash is barred by absolute witness immunity for evidence given at trial.

Parties
Appellant: Devendranath Hurnam; Respondent: Kailashing Bholah; Respondent: Soobashsing Bholah; Intervener: Satyajit Boolell SC DPP
Jurisdiction
England and Wales
Judgment Date
12 July 2010
Procedural Posture
Civil Appeal / Final Appellate Judgment (privy Council)
Outcome
appeal dismissed; action struck out as abuse of process
Legal Topics
Abuse of Process, Collateral Attack, Issue Estoppel, Witness Immunity, Damages for Defamation, Relationship Between Civil and Criminal Proceedings
Civil Procedure Criminal Law Evidence Abuse of Process Collateral Attack Issue Estoppel Witness Immunity Damages for Defamation +1 more

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Parties

Devendranath Hurnam

Appellant

Kailashing Bholah

Respondent

Soobashsing Bholah

Respondent

Satyajit Boolell SC DPP

Intervener

Procedural Posture

Civil Appeal / Final Appellate Judgment (privy Council)

Legal Issues

  1. 1 Whether the civil action by Mr Hurnam constitutes an abuse of process as a collateral attack on his criminal conviction
  2. 2 Whether the civil proceedings should be struck out for seeking to undermine a final criminal judgment
  3. 3 Whether witness immunity bars the claim against Soobash for his trial evidence

Ratio Decidendi

The initiation and prosecution of the present civil action by Mr Hurnam constitutes an abuse of process because its purpose is to mount a collateral attack on his criminal conviction, which was affirmed by the Supreme Court and the Privy Council. The action is illegitimate as it seeks to undermine the findings of the criminal court by relitigating the same factual issues in civil proceedings. Additionally, the claim against Soobash is barred by absolute witness immunity for evidence given at trial.

Court Disposition

appeal dismissed; action struck out as abuse of process

Orders

  • The action is struck out as an abuse of process.
  • The appellant and the intervener are to make submissions in writing on costs within 28 days.